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W 0'#rw iollAe !6"Wital a Y IdVko" "Place SCOTT HARSHBARGER 02108--16'981 ATTORNEY GENERAL ' (617)727-2200 A February 12, 1997 . ', Jane D. Labute FEB 1 1997 Town Clerk ( i 16 Great Neck Road North Mashpee, Massachusetts 02649 Dear Ms. Labute: ; I regret that we must return the amendments to the zoning by-laws adopted under article 45 of the warrant for the Mashpee special town meeting that first convened on October 7, 1997, with the enclosed disapproval of this Office. Article 45 from the same warrant pertains to signs. The warrant notes that it was submitted by the "Sign Code Study Committee." Zoning by-law amendments may be initiated only in the manner set forth in G.L. c. 40A, § 5: by . . . a board of selectmen, a board of appeals,by an individual owning land to be affected by change or adoption,by request of registered voters of a town pursuant to [G.L. c. 39, § 10 (a so-called `petition article')],by a planning board, by a regional planning agency or by other methods provided by municipal charter. i It is possible that this article was initiated by a petition meeting the requirements of G.L. c. 39, § 10, or that it was adopted by a vote of the board of selectmen,board of appeals, or planning board, as an article officially sponsored by such board, or that the method used is provided in the Mashpee charter. However, on December 9, 1996,we requested information from the Town as to whether the article was adopted by any method allowed under G.L. c. 40A. No response has been received. Although we disapprove this by-law, we call your attention to problems with other portions of the sign by-law not submitted for review. The by-law requires a permit from the building inspector for all new signs, including"for sale" signs and signs protected by the First Amendment to the United States Constitution, such as political signs and"cause" signs. Cause signs are signs that, for example, are pro-or anti-abortion. Under the Town's current by-law,